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Home My WebLink AboutAgenda Report - September 19, 2012 G-02 PHAGENDA ITEM G 642 CITY OF LODI ,. COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider and Approve the Recommendation of the Planning Commission to Rezone the Property Located at 515 South Lower Sacramento Road from R-1, C -S and R-C-Pto Planned Development (PD) -35 MEETING DATE: September 19, 2012 PREPARED BY: Community Development Department RECOMMENDED ACTION: Public hearing to consider and approve the recommendation of the Planning Commission to rezone the property located at 515 South Lower Sacramento Road from R-1, C -S and R -C -P to Planned Development (PD) -35. BACKGROUND INFORMATION: At the Planning Commission Meeting of June 13, 2012, the Commission considered a request for rezoning of the property located at 515 South Lower Sacramento Road from R-1 (Single Family Residence), R -C -P (Residential, Commercial, and Professional) and C -S (Commercial Shopping) to Planned Development (PD) -35. Rezoning of the property to PD -35 would create a uniform zoning designation and permit commercial development to occur. The City's General Plan designates the subject sites as Commercial. The Commission received a staff report; heard a staff presentation; asked questions of staff, as well as the applicant, and the general public; heard testimony in support and in opposition to the application; closed the public hearing, and voted 6-0, with one Commissioner absent, to recommend the City Council approve the applicant's request to rezone the property. ANALYSIS The subject property is located at 515 South Lower Sacramento Road. The parcel currently has three different zoning designations assigned to it: R-1, Single Family Residence, R -C -P, Residential Commercial and Professional, and C -S, Shopping Center. The owner is petitioning to rezone the subject property to Planned Development (PD) -35. PD -35 zoning district covers the area commonly known as the Raley's Shopping Center, which is located immediately north of the project site and is also owned by the same entity. The Planned Development (PD) -35 District is designed to accommodate various types of commercial uses such as neighborhood commercial, shopping centers, professional and administrative offices, commercial service centers, and residential uses. The change in zoning designation to PD -35 would allow development of the vacant parcel as specifically permitted in the Lodi Municipal Code §17.33.040. The Planned Development District, as defined in the City's Zoning Ordinance, provides the flexibility for applicants to design their own development criteria. This includes setbacks, heights, lot coverage and other land use issues as defined in Lodi Municipal Code. At the present time, there is an inherent contradiction between the General Plan and the current zoning designations. When the City adopted the current General Plan, it changed the land use designation to Commercial per the property owner's request. The presence of residential designation prohibits radt Bartlam, City Manager Conduct Public Hearing to Consider and Approve the Recommendationof the Planning Commission to Rezone the Property Located at 515 South Lower Sacramento Road from R-1, CS and R-C-Pto Planned Development (P D)-35 Page 2 of 2 Commercial per the property owner's request. The presence of residential designation prohibits commercial development to occur. Approval of the requested rezoning would make the zoning consistent with the current General Plan and facilitate the development of the site by removing constraints imposed by the current zoning designations. At this time, no development is proposed. Future development plans will be subject to review and approval by the Site Plan and Architecture Review Committee (SPARC) and possibly the Planning Commission. FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable Konradt Bartlam Community Development Director KB/1 B Attachment: 1. Aerial Map 2. Vicinity Map 3. General Plan Map 4. Proposed Zoning Map 5. Planning Commission Staff Report 6. Planning Commission Resolutions 7. Planning Commission minutes of June 13,2012 8. Draft Ordinance J:\Community DevelopmenhCouncil Communications\2012\9-19 PH RezoningKristmont.doc Aerial Map Kristmont West Shopping 515 South Lower Sacramento Road Project It 4 AP N : 027-400-09 T Lodi, CA 95242 It Limits Not Sca le d y yz z` >z �dz`® -------------Diablo R Project C- § . >x1 § z z z Corbin w. \� x^ \^ ` Current zoning Map C - x` G %c,mmerc @ Shopping . >z BtSingle Family Res. B% Sm,i Family Rte. m s RRes.Comm Professional PD, Plamk Development .\ ^.��r sus and 617 S. 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(Applicant, Kristmont West Inc.; File # 11-Z-01) LOCATION: 515 South Lower Sacramento Road APN: 027-400-09 Lodi, CA 95242 PROPERTY OWNER: Kristmont West Inc 7700 College Town Drive #111 Sacramento, CA 95826 APPLICANT: The same as above. RECOMMENDATION Staff recommends the Planning Commission recommend to the City Council approval of the Rezone application, subject to conditions of approval outlined in the attached resolution. PROJECT AREA DESCRIPTION General Plan Designation: Commercial Zoning Designation: C -S: Commercial Shopping, R-1, Single Family Residence and R C -P, Residential, Commercial and Professional. Property Size: Approximately 9.3 acres The adjacent zoning and land use characteristics: SUMMARY The application involves rezoning of a property located at 515 South Lower Sacramento Road. The subject property is currently zoned R-1, R -C -P and C -S. The owner is petitioning to rezone the subject property to Planned Development (PD) -35. PD -35 zoning district covers the area commonly known as Raley's Shopping Center, which is located immediately north of the project sites and is also owned by the same entity. Rezoning of the properties to PD -35 would create a uniform zoning designation and permit commercial development to occur. The City's General Plan designates the subject sites as Commercial. Staff recommends the Commission recommend approval of the proposed rezoning as shown in Attachment "6" to the City Council based on the findings and subject to the conditions contained in the attached resolution. No development plans for the property are proposed at this time. The only action currently before the Commission is the proposal to rezone the property. .:\Community Development\Planning\STAFF REPORTS\2012\o6-13-12 AH Wines_ Rio Valley School_KristmontRezoning\ii-Z-oi Kristmont West\staff rptAoc General Plan Zone Land Use North Commercial PD -35: Planned Development Variety of stores 35 South Low Density Residential PD -16: Planned Development Temple Baptist Church 16 East Low Density Residential R-1 and R-2 Residences Single Family Residences West High and Medium PD -42: Planned Development Agricultural land Density Residential 42 SUMMARY The application involves rezoning of a property located at 515 South Lower Sacramento Road. The subject property is currently zoned R-1, R -C -P and C -S. The owner is petitioning to rezone the subject property to Planned Development (PD) -35. PD -35 zoning district covers the area commonly known as Raley's Shopping Center, which is located immediately north of the project sites and is also owned by the same entity. Rezoning of the properties to PD -35 would create a uniform zoning designation and permit commercial development to occur. The City's General Plan designates the subject sites as Commercial. Staff recommends the Commission recommend approval of the proposed rezoning as shown in Attachment "6" to the City Council based on the findings and subject to the conditions contained in the attached resolution. No development plans for the property are proposed at this time. The only action currently before the Commission is the proposal to rezone the property. .:\Community Development\Planning\STAFF REPORTS\2012\o6-13-12 AH Wines_ Rio Valley School_KristmontRezoning\ii-Z-oi Kristmont West\staff rptAoc BACKGROUND This rezoning application involves a parcel located near the corner of Lower Sacramento Road and Lodi Avenue. The second parcel is located at 515 South Lower Sacramento Road and is a vacant parcel. The area was annexed into the City in 1966. The shopping center was developed sometime prior to that. Many additions to the center have been made since its first phase was completed, including the U.S.A gas station, and the movie theater (since demolished). In 2000, the property owner applied for a Zoning Amendment to change the zoning of the shopping center to Planned Development (PD). However, the subject property were excluded. The vacant parcel currently features three zoning designations divided equally. The northern 1/3 is zoned Shopping Center (C -S), the southern 1/3 is zoned Residential -Commercial -Professional (R -C -P), and the middle part is zoned Single Family Residence (R-1). ANALYSIS The application involves two properties that contain three different City zoning designations. These properties are located at 515 and 617 South Lower Sacramento Road. These zoning designations are R-1, Single Family Residence, R -C -P, Residential Commercial and Professional, and C -S, Shopping Center. The owner petitions to amend Planned Development (PD) -35 to include these two parcels. PD - 35 covers the Raley's Shopping center, which is also owned by the applicant. PD -35 was established to allow commercial development. The City's General Plan designates both sites as commercial. Rezoning of these properties to PD -35 would be consistent with the General Plan land use policy. The request was prompted from a desire of the applicant to develop the vacant parcel for commercial uses. The R-1 zoning designation prohibits commercial uses. Thus, the applicant requests the zoning designations be changed to Planned Development 35. The planned development district is designed to accommodate various types of development such as neighborhood commercial, shopping centers, grouped professional and administrative office area, commercial serve centers and other types of commercial and residential uses. The change in zoning designation to planned development would allow development of the parcels as specifically permitted in §17.33.040. The Planned Development District, as defined in the City's Zoning Ordinance, provides the flexibility for applicants to design their own development criteria. This includes setbacks, heights, lot coverage and other land use issues as defined in §§ 17.33 Planned Development District (P -D) of the City's Ordinances. At this time, no development is proposed. However, future development plans are subject to review and approval by Site Plan and Architecture Review Committee (SPARC) and possibly Planning Commission. Per City Code, the Planning Commission must make the following findings in order to recommend approval of a proposed rezoning to the City Council: (1) The proposed zoning amendment is in general conformance with the General Plan The proposed rezoning conforms to the General Plan in that it will still allow commercial development on the property consistent with the commercial development prescribed by the Land Use Chapter of the General Plan should the property owner decide to propose such development in the future. In the mean time, rezoning will remove any constraints imposed by the current zoning designations. (2) The public necessity, convenience, and general welfare require the adoption of the proposed rezoning. At the present time, there is an inherent contradiction between the General Plan and the zoning designations. When the City adopted the current General Plan, it changed the land use designation to Commercial per the property owner's request. The presence of residential designation prohibits commercial development. As such, planning staff recommends that the properties be rezoned from R-1, R -C -P and C -S to Planned District (35). Approval of the requested rezoning will make the zoning consistent with the current General Plan and facilitate the development of the site today with a more viable land use or new land use plan. The applicant will not be required to pay impact fees for the proposed rezoning because no development is proposed. When an application is submitted to develop the properties, the developer .:\Community Development\Planning\STAFF REPORTS\2012\o6-13-12 AH Wines_ Rio Valley School_KristmontRezoning\ii-Z-oi Kristmont West\staff rptAoc 2 will be required to pay the applicable impact fees in effect at the time building permits are obtained. Staff finds the proposed request to amend the Zoning designation to Planned Development 35 is consistent with the General Plan. Staff further finds that the request is reasonable and provides for the existing and future needs of the residents of the area, and that it integrates well with the surrounding land uses. Therefore, staff recommends the Planning Commission find the proposed rezoning application exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline 15183 and 15061(b)(3) which exempts projects that have no potential for having a significant impact on the environment; find the project consistent with the General Plan for the reasons enumerated in this staff report; find that the rezoning fulfills the applicable requirements set forth in 517.33 of the Lodi Municipal Code; and recommend to the City Council to adopt an ordinance to rezone the properties from R-1, R- C -P and C -S to Planned Development -35, based upon the findings and subject to the conditions of approval set forth in draft resolution. ENVIRONMENTAL ANALYSIS: The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary "projects." A "project," under CEQA, is defined as "the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." The proposed zoning change is a project under CEQA. Staff has reviewed the project to determine the required level of review under CEQA. The proposed zoning change is exempt from CEQA under State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed rezone is consistent with the Lodi's General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. In addition, this proposed rezoning is exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline 15061(b)(3) in that it is not a project which has the potential to have a significant impact on the environment because it will not change the allowable commercial use of the property consistent with the current General Plan land use designation. PUBLIC HEARING NOTICE: Legal Notice for the Use Permit was published on March 3, 2011.. A total of 32 public hearing notices were sent to all property owners of record within a 300 -foot radius of the subject property as required by California State Law §65091 (a) 3. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the Requestwith Alternate Conditions • Deny the Request • Continue the Request Respectfully Submitted, Immanuel Bereket Associate Planner ATTACHMENTS: Concur, Konra Rartlam Community Development Director 1. Vicinity Map 2. Aerial Map 3. Site Plan 4. Existing General Plan and Zoning Maps 5. ProposedZoning Map 6. Draft Resolution EkComrnunityDevelopnientTlanninj�5TAffREPORT5}aonxob-s3-ix AHWlnes Rio Valley Sdtoo!_KristmontRezoni"gn-Z-oiUstwontWest4staHrpt..doc P.C. RESOLUTION NO. 12- 08 A RESOLUTION OF THE CITY OF LODI PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE REZONING 515 SOUTH LOWER SACRAMENTO ROAD FROM R-1, SINGLE FAMILY RESIDENCE, R -C -P, RESIDENTIAL COMMERCIAL AND PROFESSIONAL, AND C -S, SHOPPING CENTER TO PLANNED DEVELOPMENT (PD) -35 WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested Use Permit in accordance with the Government Code and Lodi Municipal Code Chapter 17.84, Amendments; and WHEREAS, On November 3, 2011, the City of Lodi received an application from Tom Smith, on behalf of Kristmont West, (referred to as "applicant"), to rezone 515 and 617 South Lower Sacramento Road, Assessor's Parcel Numbers: 027-400-09 and 027-400-10, respectively; and WHEREAS, the subject property located at 515 South Lower Sacramento Road (APN:027-400-09) is owned by KristmontWest, 7700 College Town Drive#1 11, Sacramento, CA; and WHEREAS, the subject properties have a General Plan designation of Commercial; and WHEREAS, the subject property located at 515 South Lower Sacramento Road (APN:027-400-09) is zoned R-1, C -S, and R -C -P; and WHEREAS, the requested rezoning is to change the zoning designations of 515 South Lower Sacramento Road (APN: 027-400-09) from R-1, C -S. and R -C -P to Planned Development 35;and WHEREAS, the proposed zoning change is consistent with the General Plan and other applicable standards; and WHEREAS, the proposed zoning change would allow commercial development to occur on the sites; and WHEREAS, the Planning Commission of the City of Lodi conducted the public hearing at the time and place stated in the notice and afforded all persons interested in the matter of the rezoning, or in any matter or subject related thereto, an opportunity to appear before the Commission and be heard and to submit any testimony or evidence in favor of or against the approval of the application; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT FOUND that the Planning Commission of the City of Lodi incorporates the staff report and attachments, project file, testimony presented at the time of the hearing, and written comments, on this matter, and, hereby, makes the following findings: 1. The project was found to be Categorically Exempt according to the California Environmental Quality Act, Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review. The proposed rezone is consistent with the General Plan land use designation of Commercial. Further, the certified General Plan EIR analyzed the commercial development of this property and its potential impacts. Therefore, the project qualifies for the identified exemption. In addition, this proposed rezoning is exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline 15061(b)(3) in that it is not a project which has the potential to have a significant impact on the environment because it will not change the allowable commercial use of the property consistent with the current General Plan land use designation. JACommunity RevelopmentSPlannisglRESOLU710A'3120121PCres 12-09Krismonl Zooing.doc 2. Implementation of the Rezoning will not result in significant physical change in the environment and in that the site is an infill project and will not alter the impervious surface. 3. The proposed Rezoning will not have impacts that are individually limited but cumulatively considerable because this is an infill project that is currently served by all public utilities and services. 4. The proposed rezoning is in complete conformance with the General Plan in that it will permit commercial development on the properties consistentwith the type of use and range prescribed by the Land Use Chapter of the General Plan should the owner of the properties decide to propose such development in the future. 5. The public necessity, convenience, and general welfare require the adoption of the proposed rezoning in that leaving the properties zoned as R-1, R -C -P and C -S with associated restrictions prescribed by the Zoning Ordinance is illogical and places unnecessary governmental constraints. The underlying General Plan land use designation of the subject properties is Commercial, so rezoning the property to Planned Development 35 will make the zoning consistent with the current General Plan, remove governmental constraint and facilitate the development of the infill project site. 6. It is found that the required zoning change to Planned Development 35 (PD -35) Zoning District does not conflict with adopted plans or policies of the General Plan and will serve sound planning practice. 7. It is further found that the project parcel of the proposed Planned Development 35 (PD -35) Zoning District is physically suitable for commercial development. a. Future development cf the project sites will be required to adhere to all applicable standards adopted by the City, improvements mandated by the City of Lodi Public Works Department Standards and Specifications, Zoning Ordinance as well as all other applicable standards. 9. The design of the proposed project and type of improvements are not likely to cause serious public health problems in that all public improvements will be built per City standards and all private improvements wilI be built per the California Building Code. NOW, THEREFORE, BE IT DETERMINED, AND RESOLVED, that the Lodi Planning Commission hereby recommends the City Council rezone properties located within the City of Lodi, specifically at 515 South Lower Sacramento Road (APN.027-400-09) and 617 S. Lower Sacramento Road (APN.027-400-10) to Planned Development 35 (PD -35), subject to the following development conditions and standards for the proposed PD -35 Zoning District' 1. The property owner and/or developer and/or successors in interest and management shall, at their sole expense, defend, indemnify and hold harmless the City of Lodi, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys' fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include, but is not limited to, any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Lodi shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. 2. An approval granted by the Planning Commission does not constitute a building permit or authorization to begin any construction. An appropriate permit issued by the Division of Building and Safety shall be obtained prior to construction, enlargement, relocation, conversion, or demolition of any building or structurewithin the City. 3:'.Community DevelopmenttPlanning)RESOLMLONSQ012�PCres 12-08 Kdsmont Zaning. doe 2 3. All applicable state statutes, and local ordinances, including all applicable Building and Fire Code requirements for hazardous materials shall apply to the project. In an event of a conflict, the strictest law or regulation shall apply. 4. No variance from any City of Lodi adopted code, policy or specification is granted or implied by this approval. Public Works Department. Enaineerina: The conditions listed belowwill be required at the time of developmentof the subject parcels: 5. All conditions for on- and off-site improvements shall be required at the time of a development application. Dated: June 13,2012 1 hereby certify that Resolution No. 12-08 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on June 13,2012, by the following vote: AYES: Commissioners: Cummins, Heinitz, Hennecke, Jones, Kiser, and Chair Olson NOES: Commissioners: None ABSENT: Commissioners: Kirsten ATTEST: Secretary, Planning Commission ITommunity DevetopmentIPianningtRE$gLUT[QNSU012 PCres 11-68 Kdsmont Zomngdoc LODI PLANNING COMMISSION REGULAR COMMISSION MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JUNE 13, 2012 1. CALL TO ORDER / ROLL CALL The Regular Planning Commission meeting of June 13, 2012, was called to order by Chair Olson at 7:00 p.m. Present: Planning Commissioners — Cummins, Heinitz, Hennecke, Jones, Kiser, and Chair Olson Absent: Planning Commissioners — Kirsten Also Present: Community Development Director Konradt Bartlam, Associate Planner Immanuel Bereket, and Administrative Secretary Kari Chadwick 2. MINUTES "May 9, 2012" MOTION /VOTE: The Planning Commission, on motion of Commissioner Cummins, Kiser second, approved the Minutes of May 9, 2012 as written. (Commissioners Hennecke abstain because he was not in attendance of the subject meeting) 3. PUBLIC HEARINGS a) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Olson called for the public hearing to consider the request for Planning Commission to make a Recommendation to the City Council to approve rezoning of a property located at 515 South Lower Sacramento Road from R-1, C -S and R -C -P to Planned Development (PD) -35. (Applicant, Kristmont West Inc.; File # 11-Z-01) Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Hearing Opened to the Public Tom Smith, representative of the property owner, came forward to answer questions. Mr. Smith stated that there are no current plans to develop the property. Steven Opp, Executive Paster of Temple Baptist Church the property just south of the proposed rezoning, came forward to make some comments and ask some questions regarding the project. Mr. Opp asked if the C -S zoning could be explained. Director Bartlam stated that the PD -35 zoning designation would allow any kind of retail, office, gas station, restaurant, and it would allow for High -Density Residential. It would not allow other kinds of residential or industrial uses. Mr. Opp would like to see similar development as to the Raleys Shopping Center which he calls active development. He would not like to see any outdoor public storage which he calls passive development. Chair Olson asked if it was a visual objection or if it was due to something else. Mr. Opp stated that he will get into that a little bit later, but stated that there are already some issues with the property in the visual area. The outdoor storage of vehicles, RV's, and boats would cause a negative visual impact to the church property. Mr. Opp stated asked what the plan was for the retention basin as far as possible expansion. Mr. Bartlam stated that all of the Public Works conditions have been consolidated and staff will not know what requirements will be put in place until we receive a development plan. Mr. Opp stated that the basin is currently sitting on the south property line and if there Page 2 of 4 March 14th 2012 PC Minutes Continued were to be an expansion on Tokay it would need to be altered. Mr. Bartlam stated that the basin may need to be moved once a development plan is presented. The current basin used to have a cyclone fence around it and it has been removed and there is a concern with the dangers that may be there. The church is concerned about the esthetics of any future project. Mr. Opp would like to know who will be responsible for the improvements to the extension of Tokay Street. Mr. Bartlam stated that there should be a sharing of the improvements once a project for development comes forward. Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Kiser, Heinitz second, approved the request of the Planning Commission to make a Recommendation to the City Council to approve rezoning of a property located at 515 South Lower Sacramento Road from R-1, C -S and R -C -P to Planned Development (PD) -35 subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Hennecke, Jones, Kiser and Chair Olson Noes: Commissioners — None Absent: Commissioners - Kirsten b) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Olson called for the public hearing to consider the request to amend approved Use Permit application 11-U-03 to allow Type 2, 9, 14, 17 and 20 Alcoholic Beverage Control licenses at 9 and 9'h West Locust Street. (Applicant: Jeff Hansen, on behalf of AH Wines, Inc. File Number: 11 -U-03a) Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Hearing Opened to the Public • Robert Colarossi, applicant, came forward to answer questions. • Commissioner Kiser asked when they planned on starting to do wine tasting. Mr. Colarossi stated that the area that they plan on expanding into will be used for storage. Kiser asked when the tasting would start in the current space. Mr. Colarossi stated there should be wine tasting in about a year. Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Cummins, Hennecke second, approved the request of the Planning Commission to amend approved Use Permit application 11-U-03 to allow Type 2, 9, 14, 17 and 20 Alcoholic Beverage Control licenses at 9 and 9'/2 West Locust Street subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Hennecke, Jones, Kiser and Chair Olson Noes: Commissioners — None Absent: Commissioners - Kirsten 2 Page 3 of 4 March 14th 2012 PC Minutes Continued c) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Olson called for the public hearing to consider the request to amend approved Use Permit application 10-U-11 to allow operation of a Charter School at 1530 West Kettleman Lane Suites B & C. (Applicant: Dennis G. Bennett, on behalf of Rio Valley Charter School; File Number: 10-U-1 1a) Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Hearing Opened to the Public • Bob Smith, representative of Dennis Bennett, came forward to answer questions. • Chair Olson asked if the administration office was located on site. Mr. Smith stated that administration is on site at all times. Public Portion of Hearing Closed • Commissioner Cummins asked if there have been any reported problems with the traffic in the area. Mr. Bartlam stated that there have not been any traffic issues. MOTION /VOTE: The Planning Commission, on motion of Commissioner Heinitz, Kiser second, approved the request of the Planning Commission to amend approved Use Permit application 10-U-11 to allow operation of a Charter School at 1530 West Kettleman Lane Suites B & C subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Cummins, Heinitz, Hennecke, Jones, Kiser and Chair Olson Noes: Commissioners — None Absent: Commissioners - Kirsten 4. PLANNING MATTERS/FOLLOW-UP ITEMS None 5. ANNOUNCEMENTS AND CORRESPONDENCE None 6. ACTIONS OF THE CITY COUNCIL Director Bartlam stated that there has been a memo provided in the packet and staff is available to answer any questions. 7. DEVELOPMENT CODE UPDATE Director Bartlam stated that there should be a draft version of the Residential and the Mixed Use sections brought to the Commission to start the review process at the July meeting. 8. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE None 9. ART IN PUBLIC PLACES None 10. COMMENTS BY THE PUBLIC None 3 Page 4 d 41Mfarch 141h 2012 PC Minutes Gbntinwd 11. COMMENTS BY STAFF AND COMMISSIONERS Commisisoner Cummins asked if there has been any movement on the Super Wal Mart project. Mr. Bartlam stated that the formal appeal period has passed and the project is now approved, there isn't a set time table as of yet. 12. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 7:30 p.m. AonTra �artlain Planning Commission Secretary ORDINANCE NO. AN ORDINANCE OF THE LODL CITY COUNCIL AMENDING THE OFFICIAL DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING THE PARCEL LOCATED AT 515 SOUTH LOWER SACRAMENTO ROAD (APN: 027-4 00-09) PLANNED DEVELOPMENT 35 (PD -35) FROM R-1, C -S AND R -C -P BE IT ORDAINED BY THE LODL CITY COUNCIL AS FOLLOWS: Section 1. The Official District Map of the City of Lodi adopted by Title 17 of the Lodi Municipal Code is hereby amended as follows: The parcel located at 515 South Lower Sacramento Road (APN: 027-400-09) is hereby rezoned as follows: 9.3 acres - 515 South Lower Sacramento Road (APN: 027-400-09) from R-1 (single family residence), C -S (Commercial Shopping), and R -C -P (Residential, Commercial and Professional) to Planned Development 35, as shown on the Vicinity Map, on file in the office the City Clerk. Section 2. The alterations, changes, and amendments of said Official District Map of the City of Lodi herein set forth have been approved by the City Planning Commission and by the City Council of this City after public hearings held in conformance with provisions of Title 17 of the Lodi Municipal Code and the laws of the State of California applicable thereto. Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4 - Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severabie. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 5. All ordinances and parts of the ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 6. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect 30 days from and after its passage and approval. Approved this of September, 2012 JOANNE MOUNCE Mayor Attest: RANDIJOHL City Clerk ------------------------------------------------------------------- ------------------------------------------------------------------- State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held September 19, 2012, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2012, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. RANDIJOHL City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney Background Information ♦ Rezoning Application ♦ Planning Commission • Recommended approval on June 13, 2012 Community Development department - September 2012 Vicinity Map W. Aerial Map .Ofplr ov /.0 Z�r OFF OF OOF 'o General Plan Map Community Development department - September 2012 Proposed Zoning Map Project Area PD, Planned Development R-11, Single Family Res. R-2, Single Family Res. R -C -P, Res. Comm. Professional Community Development department - September 2012 7 Planned Development 35 ♦ PD -35 • Commercial • Residential, • Office, ♦ Goals: • Consistency with General Plan • Remove zoning constraints • Facilitate Development Community Development department - September 2012 cment zorft C-$ i r ---J . ftpand Zarft PIGS) E1° PARCEL REZONE 64 i Oft S LOWI! BfIX.AN1[0 If:M MHL YQT/00.0Y . YQTIOFIO C Zoriv R -C -P f ' f Zairq R -C-9 . A?n1 027400-12 Proposed Zcgft PD(35) i PAd4$3 LV 44OF4 u oa Please immediately confirm receipt df thisfax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER AND APPROVE THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT 515 SOUTH LOWER SACRAMENTO ROAD FROM R-1, C -S, AND R -C -P TO PLANNED DEVELOPMENT (PD) -35 PUBLISH DATE: SATURDAY, AUGUST 18,2012 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, AUGUST 16,2012 ORDERED BY: RANDI JOHL CITY CLERK NIFER ROBISON, CMC ASSISTANT CZLYY CLERK forms\advins. doc RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER AND APPROVE THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT 515 SOUTH LOWER SACRAMENTO ROAD FROM R-1, C -S, AND R -C -P TO PLANNED DEVELOPMENT(PD)-35 On Thursday, August 16, 2012, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider and approve the recommendation of the Planning Commission to rezone property located at 515 South Lower Sacramento Road from R- 1, C -S, and R -C -P to Planned Development (PD) -35 (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on August 16, 2012, at Lodi, California. r� t JVANIFER IA. ROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Farms\DECPOSTCDD.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK DECLARATION OF MAILING PUBLIC HEARINGTO CONSIDERAND APPROVE THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT 515 SOUTH LOWER SACRAMENTO ROAD FROM R-1, C -S, AND R -C -PTO PLANNED DEVELOPMENT (PD) -36 On Thursday, August 16, 2012, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a Notice of Public Hearing to consider and approve the recommendation of the Planning Commission to rezone property located at 515 South Lower Sacramento Road from R-1, C -S, and R -C -P to Planned Development (PD) -35, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on August 16, 2012, at Lodi, California. Forms/decmail.doc ORDERED BY: RANDI JOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: September 19,2012 Time: 7:00 p.m. For information regarding this notice please contact: EX Rand! Johl 7-r' City Clerkri IL Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, September 19, 2012, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Recommendation of the Planning Commission to rezone property located at 515 South Lower Sacramento Road from R-1, C -S, and R -C -P to Planned Development (PD) -35. Information regarding this item may be obtained in the Community Development Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. ByLr of the Lodi City Council: R City Clerk Dated: August 15, 2012 D. Stephen Schwabauer City Attorney CLERKTUBHEARINOTICEMNOTCDD DOC 8/14/12 300' Mailing List for the Rezoning of 515 S. Lower Sacramento Rd PARCEL # OWNER NAME CARE OF STREET CITY STATE ZIP5 DAETWEILER, 271010 ESTHER KTR 2449 CORBIN LN LODI CA 9524 MCCANN, GARY& 2710103 TAMMY 2354 E SPIESS RD ACAMPO CA 9522 CHRISTY, NEFF 2710104 EMERYTR 2437 CORBIN LN LODI CA 9524 WOODBRIDGE, 271012d IRRIG DIST SIEGLOCK, JACK & 1702 TIMBERLAKE 2710201 BRENDA CIR LODI CA 9524 WITHERS, JUDITH 2710202 TR ETAL 2448 CORBIN LN LODI CA 9524 BOYER,HARVEYV 2710203 SR & INA M TR 2442 CORBIN LN LODI CA 95240 MURATA, GARY & 2710204 ROSE 9051 E HARNEY LN LODI CA 95240 2710236 ELLIS, ANNA H TR 2443 W TOKAY ST LODI CA 95242 VASQUEZ, RUBEN G 2710237 & PETRA 2449 W TOKAY ST LODI CA 95242 JOINES, RALPH T & 15360 STRATFORD 2710238 MARSHA P TR DR SAN JOSE CA 95124 FURR, SHIRLEYA 2734005 GELDERTTR 2420 DIABLO DR LODI CA 95242 BELLA, ETTORE 2734006 BRUNO TR 2430 DIABLO DR LODI CA 95242 7700 COLLEGE 2740004 KRISTMONTWEST TOWN DR#111 SACRAMENTO CA 95826 WESTGATE AKT SHOPPING CENTER DEVELOPM 7700 COLLEGE 2740005 LLC ENT INC TOWN DR#101 SACRAMENTO CA 95826 7700 COLLEGE 2740009 KRISTMONTWEST TOWN DR *111 SACRAMENTO CA 95826 ZINFANDEL PLAZA 7700 COLLEGE 2740010 LLC TOWN DR#101 SACRAMENTO CA 95826 7700 COLLEGE 2740011 KRISTMONT WEST TOWN DR#111 SACRAMENTO CA 95826 TEMPLE BAPTIST 801 S LOWER SAC 2740012 CHURCH OF LODI RD LODI CA 95242 WESTGATE AKT SHOPPING CENTER DEVELOPM 7700 COLLEGE 2740013 LLC ENT INC TOWN DR#101 SACRAMENTO CA 95826 KRISTMONTWEST AKT DEV 7700 COLLEGE 2740014 CORP kTTN JEAN TOWN DR STE 101 SACRAMENTO CA 95826 LODI WESTSI DE 10100 TRINITY 2740015 PROPERTIES LLC PKWY STE 420 STOCKTON CA 95219 2740017 LODI CITY OF CITY HALL LODI CA 95240